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Contract? What contract? »
« Toledo's politics are screwed up...  
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ReBornToDieTwice

@xs4all.be

reply to chrisf8657
really?

Please provide us with a link to scientifically sound research that prove your statements.
I'm very curious to see those alledged 'studies'.

And, btw, no1 is suggesting people should get away with crimes (if that is the case, here), but in most countries you have a difference between real criminal investigations and things such breach of contract (which apparently wasn't the case here neither, according to the court). I'm not familiar with the english terminology for it, but I'm sure you are aware of what I mean.

And one should also be very wary to the extend one rubberstamps 'illegal' on anything regarding the internet, since, after all, it's a new medium (if it weren't, there wouldn't have to be all those new laws to govern it). For instance, I tune my computer to get optimal datatransfer... maybe one could claim I'm doing this illegal too?

I think, for any reasonable dude, it's clear it's a strong case of over-reacting, here.


spaijkull
Speed Is The Key To A Good Sexlife

join:2001-10-25
Sweden

reply to chrisf8657
Re: Again...

oops

[text was edited by author 2003-09-29 17:42:08]


bassman442
Take The Fifth
Premium
join:2002-02-23
Middlesex, NJ
reply to Jeremy341
Really man.


oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA
reply to KrK
Holy crap...someone who actually gets it!

joebear29

join:2003-07-20
Alabaster, AL

reply to KrK
said by KrK See Profile:

So, you could argue that is was WRONG but the argument that it was a CRIME (Especially involving the Feds!) was incredibly thin (and guess what, the Court agreed!)

That is pretty much my position, summed up nicely.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·AT&T Yahoo
·AT&T DSL Service
·Cox HSI
·AT&T Southwest

reply to chrisf8657
said by chrisf8657 See Profile:
Excuse me, but it is a CRIME, no matter how insignificant you think it is.
Hear that sound? It was the Clue train passing you by.

The whole point of the debate and as was repeatedly pointed out is that modem uncapping was *NOT* a crime, there was no law against it, it was *NOT* theft of service, and as was repeatedly discussed, at best it was a violation of TOS, however, in this case, Buckeye Cable had not specified service rates/modem configurations in their TOS, so it wasn't even THAT.

So, you could argue that is was WRONG but the argument that it was a CRIME (Especially involving the Feds!) was incredibly thin (and guess what, the Court agreed!)
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)


oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA


reply to chrisf8657
Please quote the criminal statute that was broken (or post a link to it). It's certainly not theft of service since they were authorized to receive HSI.

This is more like watching the same PPV movie twice...but even then HSI isn't video and isn't regulated as such.

This is a simple tort...breach of contract. Violating the TOS/AUP by changing the modem.

That's it. There is no crime here.
[text was edited by author 2003-09-26 22:19:26]


broknsymetry
What Time Is It And Why?
Premium
join:2003-06-27
THE VOID
clubs:
reply to TheChosenOne2

Note the use of SARCASM in my post!


TheChosenOne2
I Will Bring Balance

join:2003-08-17
Deep River, CT
reply to broknsymetry
quote:
Yes and after smoking just one joint you will wind up on the street as a heroine junkie!
Yeah right, you must be one of the people that thought prohobition was a great idea too, huh?


oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA
reply to chrisf8657
Please post a link to the study for all to see.


broknsymetry
What Time Is It And Why?
Premium
join:2003-06-27
THE VOID
clubs:

reply to chrisf8657
said by chrisf8657 See Profile:
Excuse me, but it is a CRIME, no matter how insignificant you think it is. Studies have proven someone who gets away with smaller things (in this case, cable bandwidth) will usually move on to stealing other things, even larger things...like your car.
Yes and after smoking just one joint you will wind up on the street as a heroine junkie!

Thing is you can't prosecute someone for future crimes that he may commit. Except in the movies.
--
Some scientist may at last disperse
The mysteries of the universe
But me, I can not even think
Why pork is white and ham is pink
--Ogden Nash


Jeremy341
Bye
Premium
join:2000-01-06
localhost

reply to chrisf8657
said by chrisf8657 See Profile:
Studies have proven someone who gets away with smaller things (in this case, cable bandwidth) will usually move on to stealing other things, even larger things...like your car.
Do you honestly believe all that crap that you just typed?


Shamayim
I already have a Messiah.
Premium
join:2002-09-23


reply to chrisf8657
said by chrisf8657 See Profile:

Excuse me, but it is a CRIME, no matter how insignificant you think it is.

Then pursue and punish said crime appropriately and not all out of proportion.
--
"tick...tick...tick..."
»www.jtf.org/

[text was edited by author 2003-09-26 15:00:24]


chrisf8657

join:2002-01-27
Glendale, AZ
clubs:


reply to oliphant5
said by oliphant5 See Profile:
said by joebear29 See Profile:
said by ArchAngel21x See Profile:
You hit the nail on its head.

I missed that nail. Does that mean it's ok for me to commit crimes/torts because O.J. killed someone and was found not guilty?
No it means why are we dedicating state resources to chase down a half dozen people who changed a few lines in their config files when D.A. and Federal resources are so taxed, outdated, under staffed, incompetent that a murder they had "dead to rights" got off. And nothing has changed for the better over the last 10 years to stop that...in fact it has only gotten worse.

It seems to be that these Federal and state departments who are crying about money, crying about manpower, crying about everything seem to manage to have the time to waste their limited resources on what for all intents and purposes is a friggin civil tort. The "authorities" shouldn't be in this AT ALL.
--
-- Munis Killed the Telco Star -- Powered by Barry McKockenner Racing in association with Jack Mikkokov Motorsports

[text was edited by author 2003-09-26 13:38:27]



Excuse me, but it is a CRIME, no matter how insignificant you think it is. Studies have proven someone who gets away with smaller things (in this case, cable bandwidth) will usually move on to stealing other things, even larger things...like your car.

These people STOLE bandwidth - which costs MONEY. If you were the one being stolen from I guarantee you would want to apprehend the people responsible too. So put yourself in that position and THINK...:(
--
~~Chris~~
Webmaster/Site Designer/Engineer, NT Network Tech & Total Guru
Need *ANY* kind of computer work done? See my profile for my Services page!


oliphant5
Got Identity?
Premium
join:2003-05-24
Corona, CA


reply to joebear29
said by joebear29 See Profile:
said by ArchAngel21x See Profile:
You hit the nail on its head.

I missed that nail. Does that mean it's ok for me to commit crimes/torts because O.J. killed someone and was found not guilty?
No it means why are we dedicating state resources to chase down a half dozen people who changed a few lines in their config files when D.A. and Federal resources are so taxed, outdated, under staffed, incompetent that a murder they had "dead to rights" got off. And nothing has changed for the better over the last 10 years to stop that...in fact it has only gotten worse.

It seems to be that these Federal and state departments who are crying about money, crying about manpower, crying about everything seem to manage to have the time to waste their limited resources on what for all intents and purposes is a friggin civil tort. The "authorities" shouldn't be in this AT ALL.
--
-- Munis Killed the Telco Star -- Powered by Barry McKockenner Racing in association with Jack Mikkokov Motorsports

[text was edited by author 2003-09-26 13:38:27]
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